29 Aug 2018
FISK and McMILLAN v FARGHER CONSTRUCTION LIMITED (IN LIQUIDATION) [2018] NZHC 2252
- Citation
- [2018] NZHC 2252
- Court
- High Court
Although the office and storage buildings were affixed to the leased land (piles and concrete slab) and thus prima facie part of the land, objective evidence (lease describing bare land, unchanged rent, Fargher paid for and insured buildings, buildings constructed to be removable, lease contemplated show homes) established the shared purpose of annexation was that the buildings remain chattels owned by Fargher; accordingly the liquidators are owners and may deal with them subject to make-good obligations.